Bought mine on AUC warranty 4 months ago. Soon realised something was wrong with the clutch when starting off on a hill. Got quite heavy vibration/judder etc. Always seemed worse in the cold. Took car in to BMW. They diagnosed the problem. First tried the software update, said 9/10 times it didn't work and finally agreed to replace the clutch and flywheel with the new modified one. Its so much better now its been done.
if your car is still under warranty keep on pushing your dealer!